President Hichilema’s Dismissal of ConCourt Judges Follows Constitutional Procedure, Ensures Judicial Integrity

President Hichilema’s Dismissal of ConCourt Judges Follows Constitutional Procedure, Ensures Judicial Integrity

In a decisive move aimed at upholding the rule of law and safeguarding the integrity of Zambia’s judiciary, President Hakainde Hichilema has dismissed three Constitutional Court judges Mungeni Mulenga, Annie Sitali, and Palan Mulonda. This action, effective immediately as per a letter dated October 20, 2024, follows a detailed investigation and formal recommendation by the Judicial Complaints Commission (JCC). The President’s decision underscores his administration’s commitment to transparency, accountability, and the constitutional order.

The suspension and subsequent removal of these judges were not only legally justified but also carried out in full compliance with the Zambian Constitution. Under Article 144, the President holds the authority to remove judges based on recommendations from the JCC, an independent body tasked with investigating judicial misconduct. The decision to act on this recommendation highlights the administration’s resolve to maintain a judiciary that operates above reproach, free from allegations of bias or unethical behavior.

The Judicial Complaints Commission, after conducting a thorough inquiry, found evidence of serious breaches of judicial conduct among the three judges. Given the vital role that the Constitutional Court plays in interpreting the nation’s laws and presiding over matters of national importance, the integrity of its judges is paramount. Any actions that cast doubt on the impartiality or competence of these judges threaten the foundations of Zambia’s legal system.

The UPND administration emphasizes that this decision was made to restore and reinforce public confidence in the judiciary. The removal of the judges was not politically motivated but was a necessary response to the findings of an independent and legally mandated body. The government strongly refutes any claims that this move undermines judicial independence. On the contrary, the administration believes that holding judges accountable when they fall short of ethical standards strengthens the independence and credibility of the judiciary.

The Constitutional Court is an institution of immense responsibility, tasked with interpreting the Constitution and protecting citizens’ rights. It is imperative that the individuals entrusted with these roles adhere to the highest standards of professionalism and ethics. By removing judges whose conduct has been called into question, President Hichilema is ensuring that only those who meet these high standards continue to serve the Zambian people.

Importantly, the process followed in this case was transparent and strictly adhered to the constitutional framework. The three judges were initially suspended following the presentation of evidence to the JCC, and a thorough hearing was conducted. This legal process ensured that their rights were respected while addressing the concerns raised regarding their conduct. It is this transparent and procedural approach that upholds the rule of law in Zambia, a core value of the UPND government.

Critics of the President’s decision have suggested that it is politically motivated, particularly in light of the political landscape in Zambia. However, this interpretation overlooks the critical role of the JCC and the fact that the recommendation to remove the judges was based purely on the findings of an independent investigation. The UPND believes that Zambia’s judiciary must operate free from any political interference or suspicion of bias, and this action reinforces the administration’s commitment to that principle.

The President’s authority to act in this regard is constitutionally enshrined, and his decision reflects the very purpose of the JCC’s role in ensuring that the judiciary remains fair and impartial. Upholding judicial integrity is crucial for any functioning democracy, and the UPND administration remains firm in its belief that no one, including members of the judiciary, is above the law. The removal of these judges is a necessary step toward ensuring a judiciary that commands the full confidence of the Zambian people.

President Hichilema’s government reiterates that the rule of law, transparency, and accountability are central tenets of its governance. By acting swiftly and decisively on the JCC’s findings, the President has taken a bold step in ensuring that the judiciary remains independent, trustworthy, and committed to upholding the values enshrined in the Zambian Constitution.

The dismissal of Judges Mulenga, Sitali, and Mulonda was conducted within the boundaries of the law, following constitutional processes and based on the findings of an independent investigative body. The UPND government assures the Zambian people that this action is not only legal but also necessary to protect the integrity of the country’s judiciary. Zambia’s democracy can only thrive when all branches of government, including the judiciary, operate with the highest levels of transparency and accountability, which this administration is firmly committed to upholding.

Eustus Banda